Constitution of The Bahamas

ContentsChapter III. Protection of Fundamental Rights and Freedoms of the Individual

Article 30. Saving of existing lawExisting laws are preserved

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30.

In briefWritten laws in force before 10th July 1973, and later laws that re-enact or alter them without adding new inconsistency, are not treated as breaching Articles 16 to 27.

(1)

Subject to paragraph (3) of this Article, nothing contained in or done under the authority of any written law shall be held to be inconsistent with or in contravention of any provision of Articles 16 to 27 (inclusive) of this Constitution to the extent that the law in question-

Subject to paragraph (3) of this Article, a written law, and anything done under it, is not treated as inconsistent with or in breach of any provision of Articles 16 to 27 (inclusive) of this Constitution to the extent that the law:

(a)

is a law (in this Article referred to as "an existing law") that was enacted or made before 10th July 1973 and has continued to be part (b) repeals and re-enacts an existing law without alteration; or

is a law (called "an existing law" in this Article) that was enacted or made before 10th July 1973 and has continued to be part of the law of The Bahamas at all times since that day; (b) repeals and re-enacts an existing law without alteration; or

(c)

alters an existing law and does not thereby render that law inconsistent with any provision of the said Articles 16 to 27 (inclusive) in a manner in which, or to an extent to which, it was not previously so inconsistent.

alters an existing law without making that law inconsistent with any provision of Articles 16 to 27 (inclusive) in a way, or to an extent, that it was not already inconsistent.

(2)

In sub-paragraph (1)(c) of this Article the reference to altering an existing law includes references to repealing it and re-enacting it with modifications or making different provisions in lieu thereof, and to modifying it; and in paragraph 81) of this Article "written law" includes any instrument having the force of law and in this paragraph and the said paragraph (1) references to the repeal and re-enactment of an existing law shall be construed accordingly.

In sub-paragraph (1)(c) of this Article, altering an existing law includes repealing it and re-enacting it with changes, making different provision in its place, and modifying it. In paragraph (1) of this Article, "written law" includes any instrument that has the force of law, and references in this paragraph and in paragraph (1) to repealing and re-enacting an existing law are to be read accordingly.

(3)

This Article does not apply to any regulation or other instrument having legislative effect made, or to any executive act done, after 9th July 1973 under the authority of any such law as is mentioned in paragraph (1) of this Article.

This Article does not apply to any regulation or other instrument with legislative effect that is made, or to any executive act that is done, after 9th July 1973 under the authority of a law mentioned in paragraph (1) of this Article.

(4)

[No text: the scanned source lists a paragraph (4), but the published Article ends at paragraph (3).]

Saving of existing lawExisting laws are preserved

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